Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y. Cannon , 789 N.W.2d

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

TorrentFreak

JULY 14, 2024

The organization’s religious instruction program, marketed as LifeWise Academy, has a curriculum which outlines the religious instruction children receive. Noting that the Parents Against LifeWise Facebook group has already attracted around 2,500 members since it was created September 1, 2023, LifeWise is of the belief that “Mr.

Copyright 107

Copyright Licensing Fair Use Derivative Work 107

Velocity of Content

MARCH 1, 2023

From research to medical communications to legal to marketing, sharing content with colleagues across job roles and departments is critical. The 2023 overall study results show that 33% of employees prefer collaboration tools to share information and close to 41% prefer email. However, an intriguing insight from Outsell Inc.’s

Copyright 98

Copyright Reporting Copyright Infringement Copying 98

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments. Apple Retail UK Ltd.

Licensing 103

Licensing Litigation Technology Patent 103

Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

Fair Use 92

Fair Use Licensing Copying Artwork 92

Kluwer Copyright Blog

OCTOBER 18, 2023

This part 2 explores the idea of introducing a statutory license for machine learning purposes for generative AI as a compromise solution to secure a vibrant environment for AI development while preserving the central role played by human creators. In the EU, Art. of the CDSM Directive can be found in the fundamental rights framework.

Copyright 121

Copyright Art Licensing Copyright Law 121

TorrentFreak

DECEMBER 15, 2023

Does 1-10 are described as the infringing IPTV service’s operators, who knowingly and unlawfully transmit, and publicly perform in the United States, TV channels for which DISH holds or held an exclusive license. “Rays markets and brands the Infringing Service as, alternatively, Glo TV, Rays IPTV, and Rays TV.

Cease and Desist 79

Cease and Desist Copyright Infringement Branding Brands 79

IIPRD

JANUARY 18, 2024

For example, Patent Law aims to prevent copying or imitating patented goods by anyone other than the patentee. In contrast to this, the Competition Law aims to prevent monopoly and provide fair competition and aims at reducing entry barriers in the market. Competition Commission of India, 2023.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Licensing 52

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. GitHub Inc., is being used as code. Ltd, et al.-

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

Blogging 96

Blogging Copying Social Media Copyright 96

Technology & Marketing Law Blog

AUGUST 30, 2023

Nursing CE Central” is a descriptive mark with “a weak secondary meaning… the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name.” ” Marketing channel. Colibri Healthcare, LLC , 2023 WL 5493530 (E.D. Mark similarity.

Advertising 88

Advertising Advertising False Advertising Trademark 88

Velocity of Content

APRIL 12, 2023

The ease with which teams can access and share information, such as news, feature articles, research reports, and more, can influence the pace at which organizations and their teams drive innovation and deliver products and services to the market. 1] so important to note?

Publishing 98

Publishing Reporting Copyright Infringement Copying 98

BYU Copyright Blog

JANUARY 8, 2024

Cases Update BYU Copyright Licensing Office,YouTube,Creative Commons January 08, 03:50 PM January 08, 03:50 PM Marenem v. On May 23, 2023, Springdale responded to Marenems allegations by submitting an answer. On February 17, 2023, Judge Jorge L. The court approved the settlement on December 7, 2023. Oppenheimer v.

Settlement 40

Settlement Publishing Copyright Copyright Infringement 40

IP Intelligence

JUNE 7, 2023

1258, (2023). Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. See Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 105

Fair Use Licensing Art Music 105

Velocity of Content

SEPTEMBER 20, 2021

In 2020, digital advertising spending worldwide amounted to US$378 billion — with online platforms Google and Facebook together owning half the market or about $190 billion. By 2023, global news ad revenue is forecast to drop to $25.9 How should those licenses be administered? billion – a further 18 percent fall since 2020.

Intellectual Property Law 52

Intellectual Property Law Licensing Television Advertising 52

The IP Law Blog

AUGUST 17, 2023

On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. This ultimately means that when a copy of an image is not stored on a computer’s servers but merely “embedded” onto a website, search engine, etc., the website displaying that copyrighted image cannot be held liable for infringement.

Social Media 98

Social Media Copyright Copying Copyright Infringement 98

Kluwer Copyright Blog

MARCH 13, 2024

licenses for specific uses). Rightholders can, for example, choose whether to license an e-book or an e-journal to a library, or whether to provide licenses to educational establishment to play music and audio-visual works for educational purposes. 6(4) InfoSoc Directive and those shielded from contractual override under art.

Copyright 115

Copyright Art Licensing Contracts 115

LexBlog IP

JULY 7, 2023

Supreme Court affirmed the Second Circuit Court of Appeals’ holding that the Andy Warhol Foundation’s licensing of Warhol’s Orange Prince , a print based on a photograph of the late musician by defendant Lynn Goldsmith, did not constitute fair use of the Goldsmith photograph. [3] 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.”

Music 84

Music Copyright Copying Copyright Law 84

Technology & Marketing Law Blog

APRIL 26, 2023

If you continue to perform the Services or access Licensed Materials (including accessing the Amazon Flex app) after the effective date of any modification to this Agreement, you agree to be bound by such modifications. 2023 WL 2997031 (9th Cir. 13, 2023) The post Amazon Screws Up Its TOS Amendments (Again)–Jackson v.

Contracts 79

Contracts Copying Technology Licensing 79

Technology & Marketing Law Blog

DECEMBER 13, 2023

Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. Copyright law forbids duplication, public performance, and so on, unless the person wishing to copy or perform the work gets permission; silence means a ban on copying. Three courts of appeals have answered “no.”

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

LexBlog IP

MAY 31, 2023

Goldsmith in a 7-2 decision issued May 18, 2023, authored by Justice Sotomayor. The decision was limited to AWF’s commercial licensing of a silkscreen image of Prince, based on Goldsmith’s underlying photograph, to Condé Nast. Goldsmith was unaware of these additional works.

Fair Use 52

Fair Use Licensing Copyright Editing 52

Technology & Marketing Law Blog

JULY 19, 2023

On the last of the three signup webpages, legal copy abounds, with some text appearing on the left-hand side of the page underneath high-level explanations of the trial membership. 2023 WL 4544598 (N.D. June 22, 2023). ClassPass appeared first on Technology & Marketing Law Blog. Case Citation : Chabolla v.

Privacy 92

Privacy Contracts Marketing Marketing 92

LexBlog IP

AUGUST 17, 2023

On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. This ultimately means that when a copy of an image is not stored on a computer’s servers but merely “embedded” onto a website, search engine, etc., the website displaying that copyrighted image cannot be held liable for infringement.

Social Media 52

Social Media Copyright Copying Copyright Infringement 52

Technology & Marketing Law Blog

JULY 18, 2023

Genius planted tiny mistakes in some of the lyrics it posted, and once those appeared in Google’s information boxes, it argued that Google copied lyrics from Genius. Genius’s “browsewrap,” however, prohibits copying for commercial use, and Genius sued Google for breach of contract.

Blogging 93

Blogging Contracts Copyright Law Copyright 93

LexBlog IP

JUNE 7, 2023

1258, (2023). Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. Goldsmith , 598 S. ” See 143 S.

Fair Use 52

Fair Use Licensing Art Music 52

Kluwer Copyright Blog

OCTOBER 2, 2023

Photo by Markus Spiske on Unsplash Welcome to the third trimester of the 2023 round up of EU copyright law! In this edition, we update you on what has happened between July and September 2023 in EU copyright law. The government has until 31 October 2023 to respond to these recommendations. Read more here.

Copyright Law 69

Copyright Law Law Copyright Copying 69

43(B)log

JUNE 30, 2023

Whether you want a map the size of the territory depends on the goal—is it collective licensing? I guess that’s rarely the big concern of people demanding collective licensing.] Eleonora Rosati: EU Parliament wants to get AI Act to finish line in 2023. Would that even help get the money to the right people?

Law 60

Law Licensing Social Media Copying 60

LexBlog IP

JULY 5, 2023

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc. if] such use is likely to cause confusion.”

Trademark 52

Trademark Marketing Marketing Contracts 52

IP and Legal Filings

JANUARY 29, 2024

Unveiling Merchant Privileges in the Shadows of Craftsmanship Developing nations like India require financial and technical support to market their products internationally and attain the sustainability of GI. It’s interesting to note that the Act restricts the use of GI marks to licensed users exclusively.

Registration 94

Registration Blogging Designs Design 94

Technology & Marketing Law Blog

MAY 13, 2024

In November 2023, X corp. As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. However, scraping generally means “extracting data from a website and copying it into a structured format, allowing for data manipulation or analysis.” citations omitted) X Corp. 4 (9th Cir.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

IP Intelligence

JUNE 6, 2023

1258, (2023). Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. See Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 40

Fair Use Licensing Art Music 40

Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince. Goldsmith and, as a result, did not constitute fair use.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

LexBlog IP

DECEMBER 26, 2023

If you’re using an online logo generator, such as the one in Canva, a very popular online program for creating all kinds of visual projects, or Logo.com, you need to look at the license terms of the software. Canva and other logo generators are licensing the use of their product and the generated logos in it to you.

Designs 52

Designs Design Trademark Copyright 52

Technology & Marketing Law Blog

SEPTEMBER 10, 2023

“Jones filed a certificate of service, declaring under penalty of perjury that he ’caused to be served true and accurate copies of’ the relevant documents ‘via email on the Defendants… ’ But that was not true.” The Entities Listed on Exhibit 1 , 2023 WL 5748350 (N.D. Case Citation : Xped LLC v.

Trademark 82

Trademark Litigation Law Blogging 82

Kluwer Copyright Blog

FEBRUARY 2, 2023

There is uncertainty over how much selection and refinement is needed to produce the best work (see examples of selection, refinement and reworking here and here ) and getting the right prompt is challenging enough to have created a market for effective prompts. We were not aware that the image may have been created by AI” 2.

Copyright 145

Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. 2023 WL 3449131 at *1 (N.D. May 11, 2023). The court also held that plaintiffs were permitted to proceed pseudonymously. Complaint at 2. GitHub, Inc.

Blogging 129

Blogging Licensing Privacy Copyright Notice 129